Tobias A Frank v. Derrick Schultz et al

Filing 48

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge John A. Kronstadt. IT IS ORDERED THAT: 1. Plaintiff's access to the courts claim against Defendant Derrick Schultz in Claim One is DISMISSED WI TH PREJUDICE for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). 2. Plaintiff's equal protection claim against Defendant Rosie Byrd in Claim Three is DISMISSED WITH PREJUDICE for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). 3. This action may proceed only on the Second Amended Complaint's retaliation claim against Defendant Schultz in Claim Two and due process claim against Defendant Byrd in Claim Four. (mr)

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